Techninių priemonių pagalba vykstantis baudžiamasis procesas (nuotolinis tyrimas ir nagrinėjimas) - galimybės ir ribojimai

Abstract

The article analyses the remote investigation and hearing of criminal cases (remote criminal proceedings), which takes place via video or audio conferencing. The analysis does not cover all the problems but in the author’s opinion the most important ones. First of all, the concept of remote investigation and trial is presented and its legal possibilities in Lithuania are discussed. Then, distancing itself from criminal proceedings, it discusses the insights of other non-legal social sciences (mainly psychology) on communication via video conferencing. The main advantages and disadvantages of remote criminal proceedings are also discussed. The final part of the thesis discusses the specific legal is- sues that the author considers to be the most important in the context of remote investigations and hearings. It starts with a discussion of the lawyer-client relationship. It then analyses the issue of the suspect’s (accused person’s) right (duty) to participate in the hearing of the criminal court (trial) of the first instance. Finally, the main problems related to the remote examination of witnesses are discussed: threats to the completeness and reliability of such testimony, and ensuring the accused’s right to examine witnesses against him. The analysis of the problems allows for a legal assessment of the prevailing practice of remote investigation and hearing in the Lithuanian criminal proceedings in the aspects discussed and for recommendations to be made to ensure the quality of the criminal proceedings and the protection of the rights and freedoms of the participants in the remote investigation and hearing.